Power of attorney requirements

Illinois

What you need to create a valid durable financial power of attorney in Illinois.

Notarization

Required

Needed for validity and acceptance

Witnesses required

1

Illinois requires 1 witness

Online notary

Authorized

Since 2021

Execution requirements

Notarization — Required

!

Witnesses — 1 required

Illinois requires 1 witness for a valid power of attorney.

Written and signed by principal

The power of attorney must be in writing, signed by you (the principal) while of sound mind and at least 18 years old.

Durability language

Must explicitly state that the power of attorney remains effective upon the principal's incapacity. Without this language, it terminates if you become incapacitated.

Illinois-specific notes

Requires both one witness AND a notary — 755 ILCS 45/3-3.6
Witness cannot be the agent or a relative of the principal
Remote online notarization: Illinois authorized RON in 2021. You may be able to have your power of attorney notarized via video conference through an approved RON provider.

What a power of attorney covers

A durable financial power of attorney lets your agent handle financial matters on your behalf if you become incapacitated. Common powers include:

  • Banking and financial accounts
  • Real estate transactions
  • Investment management
  • Tax filings
  • Government benefits (Social Security, Medicare)
  • Business interests

You choose which powers to grant — you can grant all of them or limit to specific categories.

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in Illinois for guidance specific to your situation.